STATE v. SMITH

No. KCD 30600.

591 S.W.2d 263 (1979)

STATE of Missouri, Respondent, v. Jesse R. SMITH, Appellant.

Missouri Court of Appeals, Western District.

December 3, 1979.


Attorney(s) appearing for the Case

A. James Snider, former Asst. Public Defender, 13th Judicial Cir., Gregory & Snider, Montgomery City, for appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for respondent.

Before SOMERVILLE, P. J., and PRITCHARD and MANFORD, JJ.


SOMERVILLE, Presiding Judge.

Defendant was charged as a second offender with driving while intoxicated — third offense. He was found guilty by a jury and in due course the trial court assessed his punishment at four years confinement in the Missouri Department of Corrections and sentence and judgment were pronounced accordingly.

A single point, sharply drawn, is relied on by defendant on appeal — inapplicability of the Second Offender Act to...

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